Khush Md. Mandal @ Khush Md. Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26567 of 2026 Arising Out of PS. Case No.-89 Year-2026 Thana- NARPATGANJ District- Araria ====================================================== Khush Md. Mandal @ Khush Md. Mandal S/o Saijuddin @ Saijuddin Mandal R/o Village -Basugaon Bhutia Para, P.S - Basudaon / Basugaon, District - Chiranh / Chirang, State - Assam ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Naushaduzzoha, Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-04-2026 Heard Md Naushaduzzoha, learned counsel for the petitioner and Mr. Bhanu Pratap Singh, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 01.03.2026 in connection with Narpatganj P.S. Case No. 89 of 2026, F.I.R. dated 28.02.2026 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. Recovery is of 1746 liters of Rpyal Stag Deluxe Whisky.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been
Patna High Court CR. MISC. No.26567 of 2026(2) dt.22-04-2026 2/3 recovered from the conscious possession of the petitioner rather the recovery has been made from truck in question and the petitioner has been made accused merely on the basis that he is the co-driver of the vehicle in question. The petitioner is in custody since 01.03.2026.
5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-I, Araria in connection with Narpatganj P.S. Case No. 89 of 2026, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
Patna High Court CR. MISC. No.26567 of 2026(2) dt.22-04-2026 3/3 iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T